Recognition and Enforcement of UK Judgments in Romania – A Legal Guide
- Talpes.law
- Nov 26
- 5 min read
The Current Legal Framework for the Recognition and Enforcement of UK Court Judgments in Romania after Brexit
After the withdrawal of the United Kingdom from the European Union (“Brexit”), the conditions for the recognition and enforcement in Romania of civil and commercial judgments rendered in the United Kingdom have changed fundamentally.
Between EU Member States, it is sufficient to obtain a European Enforcement Order (EEO) certificate, which accompanies the court judgment and allows it to be enforced just like any judgment delivered in Romania.
By contrast, in the case of judgments issued in the United Kingdom, in order for them to take effect and be enforced in Romania, a judicial procedure known as recognition of foreign judgments must be followed.
In this short guide we will analyse the essential aspects of this procedure. Accordingly, we will outline the legal requirements for the recognition in Romania of a judgment rendered in the United Kingdom, the necessary documents and the court procedure for the recognition request, as well as the effects of admitting such a request.
Legal Conditions for the Recognition and Enforcement of UK Civil and Commercial Judgments in Romania
For a UK court judgment to be recognized and enforced in Romania, as all foreign (non-EU) court judgements, it must satisfy the cumulative legal conditions established by Romanian law, primarily under Article 1096 of the Romanian Code of Civil Procedure. To be recognized in Romania, a judgement must fulfil the following criteria:
Compatibility with Romanian international public policy: The judgment must not be manifestly incompatible with fundamental principles of Romanian law, morality, or public order.
Absence of evasion of applicable law in non-disposable matters: The judgment must not have been obtained in order to circumvent Romanian substantive law in areas where parties cannot freely dispose of their rights (e.g., family law, capacity issues). The judgement must not interfere with public order of Romanian private law.
No prior or pending Romanian judgment concerning the same dispute: There must be no earlier or ongoing Romanian proceedings involving the same parties and subject matter.
No conflict with an earlier foreign judgment eligible for recognition: The UK judgment must not contradict any previously recognized foreign judgment on the same matter.
Jurisdictional appropriateness: The case must not fall within the exclusive jurisdiction of Romanian courts, such as disputes over immovable property located in Romania or registration matters in Romanian public registries.
Respect for the right to defence: The defendant must have been properly served and afforded a genuine opportunity to defend the case in the UK proceedings.
Finality of the judgment: The foreign judgment must be final and no longer subject to ordinary appeals or remedies in the state of origin.
It is important to note that, pursuant to Article 1097(2) of the Romanian Code of Civil Procedure, recognition cannot be refused merely because the UK court applied a different substantive law than that determined by Romanian conflict-of-law rules, except in cases involving the personal status or capacity of Romanian citizens where the outcome materially differs from what Romanian law would have provided.
Competent Court and Filing the Recognition Request
Jurisdiction over applications seeking the recognition of a court judgment rendered in the United Kingdom rests with the county tribunal corresponding to the defendant’s domicile or registered office. If the defendant has no domicile or registered office in Romania, the application will be filed to the Bucharest Tribunal.
The court proceedings involve two stages: a written stage and an oral hearing stage. During the written stage, the claimant submits to the tribunal the certified copy of the court judgment rendered in the United Kingdom, as well as all the required documents listed below. During the oral hearing, the parties — the claimant and the defendant — will argue, through their legal counsel, why the conditions for recognising the foreign judgment are or are not met, depending on their procedural position.
Supporting Documents Required
Along with the recognition request, the applicant must submit the following documents to the competent Romanian tribunal:
A certified copy of the UK judgment issued by the relevant court in England, Wales, Scotland, or Northern Ireland. This copy of the judgement must bear the court’s seal and an official certification of authenticity.
Proof of finality of the judgment, such as a certificate of no appeal or a declaration confirming that no ordinary remedies (appeal or set-aside) are pending in the UK.
Evidence of proper service and adversarial procedure, particularly if the defendant was absent during the UK proceedings, proving that the summons and statement of claim were duly served and the defendant had an opportunity to defend the case.
Sworn translations into Romanian of all foreign documents, prepared by an authorized translator in Romania, reproducing all seals, signatures, and procedural annotations.
Apostille or legalization certificates as required. Since both Romania and the UK are parties to the 1961 Hague Apostille Convention, most UK documents must bear an Apostille certificate issued by the UK Foreign, Commonwealth and Development Office (FCDO).
Additional documents if required by the court, such as evidence confirming party identities, proof of reciprocity, or clarifications regarding procedural or substantive matters.
Practically, applicants should be aware that UK civil judgments may originate from various judicial or quasi-judicial procedures, including simplified mechanisms like Small Claims Court judgments or Money Claim Online (MCOL) decisions. Both are enforceable in Romania provided they are final, issued by competent courts, and comply with due service and adversarial process requirements.
Recognition and Enforcement of a Foreign Decision and Its Legal Effects
If the Romanian court finds that all legal conditions are met, it will issue a judgment granting recognition. Once recognized, the UK judgment produces the same effects as any other judgement rendered in Romania, and may be enforced through Romanian enforcement authorities.
Enforcement proceedings are authorized by the county tribunal corresponding to the defendant’s domicile or registered office, according to Romanian law. After verifying that the recognition judgement is final and that the foreign judgement can be executed through compulsory enforcement, the tribunal authorizes forced execution by a bailiff.
Potential enforcement measures that can be taken are garnishment of wages and bank accounts, forced auction of real estate, vehicles and business share and disposition of movable property and claims (e.g. salary, rental income or pension).
For a brief overview of the enforcement system under Romanian law, you may also consult the following article on the recognition and enforcement of foreign court decisions and European Enforcement Orders: https://www.talpes.law/post/recognition-and-enforcement-of-foreign-judgments-in-romania-enforcement-of-court-decisions-europea.
Conclusions: A Feasible Process Under Romanian Law with Proper Legal Guidance
In the post-Brexit legal landscape, the recognition and enforcement of UK civil and commercial judgments in Romania is governed by the general framework applicable to foreign judgments under Romanian procedural law. Although more formal and complex than the previous EU regime, the process remains fully feasible, provided applications are well-documented and legally sound.
Our law firm advises and represents claimants, creditors, individuals, and corporations throughout all stages of the recognition and enforcement of judgements delivered in the UK, ensuring a precise, efficient, and fully compliant process under Romanian and international private law.
Author: Loránd Benő
For more details, visit us or book a phone or video call — see our contact information below. We speak English, German, Italian, Hungarian, and Romanian.
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